Hoshyar Singh vs. State of Himachal Pradesh Cr.MP No.4116 of 2025 in Cr. MPM No.2953 of 2024 24.09.2025 Present Mr. Vikrant Thakur, Advocate, for the applicant/ petitioner. Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for the respondents. By way of instant application filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, permission has been sought by the applicant/petitioner to travel abroad during the pendency of the investigation arising out of FIR No.40 of 2024, dated 02.08.2024 under Sections 120-B, 171-C, 171-E of IPC read with Section 7 and 8 of the Prevention of Corruption Act, registered at police Station, Boileauganj, District Shimla, Himachal Pradesh. It is averred in the application, which is duly supported by an affidavit, that petitioner, an Ex.MLA, intends to attend the convocation of his daughter, who has recently completed her two years course from UTS, University of Technology Sydney (Annexure A-3). As per aforesaid communication, after completion of the course, the student shall be eligible to attend the graduation ceremony in Australia in October/November, 2025. Pursuant to the notice issued in the instant application, respondent-State has filed reply under the signatures of Superintendent of Police, Shimla, wherein prayer made on behalf of the applicant/petitioner has been opposed on the ground that he is involved in heinous crime having adverse impact on the society. It is further averred in the reply that since applicant/petitioner have not co-operated during the investigation, Investigating Agency has not been able to file charge sheet till date and there is every likelihood of his fleeing from justice. Having heard learned counsel for the parties and perused the material adduced on record, this Court finds that applicant/petitioner is an Ex. MLA and FIR was registered against him on 02.08.2024. Though, while granting interim bail, this Court had imposed a condition that applicant/ petitioner shall not leave the country without the permission of the Court, but this Court cannot lose sight of the fact that Investigating Agency has not been able to complete investigation for almost one year and there is nothing in the status report suggestive of the fact that applicant/petitioner failed to make himself available during investigation as and when required. Since it is not in dispute that applicant/petitioner is a respectable member of the society having substantial moveable and immovable property situate in State of Himachal Pradesh as well as other parts of the country, this Court sees no reason to deny permission to the applicant/petitioner to travel abroad. Though, details with regard to flight tickets as well as place of stay in Australia have not been mentioned in the application, but learned counsel representing the petitioner states that as and when permission is granted by this Court, applicant/petitioner, after having purchased flight tickets, shall not only furnish flight details, but shall also make available complete address of his stay at Australia. Consequently, in the view the above, the present application is allowed and applicant/petitioner is permitted to visit Sydney (Australia) w.e.f. 24.10.2025 to 05.11.2025, enabling him to attend graduation ceremony of his daughter, but permission, as has been granted hereinabove, shall be subject to furnishing flight details as well as place of stay in Australia with the investigating Officer. Needless to say, applicant/ petitioner shall report to the Investigating within two days of return at the concerned police station, failing which investigating agency would be at liberty to take appropriate action in accordance with law. The application stands disposed of. (Sandeep Sharma) Judge September 24, 2025 (shankar)